II 

118TH CONGRESS 

1ST SESSION S. 512 

To amend the Federal Election Campaign Act of 1971 to provide for additional disclosure requirements for corporations, labor organizations, 

Super PACs and other entities, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 16, 2023 

Mr. WHITEHOUSE (for himself, Mr. WYDEN, Mr. SCHUMER, Mr. VAN HOLLEN, Ms. KLOBUCHAR, Mrs. FEINSTEIN, Mrs. MURRAY, Mr. DURBIN, 

Mr. REED, Mr. CARPER, Ms. STABENOW, Ms. CANTWELL, Mr. MENENDEZ, Mr. CARDIN, Mr. SANDERS, Mr. BROWN, Mr. CASEY, Mr. TESTER, 

Mrs. SHAHEEN, Mr. WARNER, Mr. MERKLEY, Mr. BENNET, Mrs. GILLIBRAND, Mr. MANCHIN, Mr. COONS, Mr. BLUMENTHAL, Mr. SCHATZ, Ms. 

BALDWIN, Mr. MURPHY, Ms. HIRONO, Mr. HEINRICH, Mr. KING, Mr. 

KAINE, Ms. WARREN, Mr. MARKEY, Mr. BOOKER, Mr. PETERS, Ms. 

DUCKWORTH, Ms. HASSAN, Ms. CORTEZ MASTO, Ms. SMITH, Ms. 

SINEMA, Ms. ROSEN, Mr. KELLY, Mr. LUJA ́N, Mr. HICKENLOOPER, Mr. 

PADILLA, Mr. OSSOFF, Mr. WARNOCK, Mr. WELCH, and Mr. 

FETTERMAN) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration 

A BILL 

To amend the Federal Election Campaign Act of 1971 to 

provide for additional disclosure requirements for corporations, labor organizations, Super PACs and other 

entities, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Democracy Is Strengthened by Casting Light On Spend4 ing in Elections Act of 2023’’ or the ‘‘DISCLOSE Act 

5 of 2023’’. 

6 (b) TABLE OF CONTENTS.—The table of contents of 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

TITLE I—CLOSING LOOPHOLES ALLOWING SPENDING BY 

FOREIGN NATIONALS IN ELECTIONS 

Sec. 101. Clarification of application of foreign money ban to certain disbursements and activities. 

Sec. 102. Study and report on illicit foreign money in Federal elections. 

Sec. 103. Prohibition on contributions and donations by foreign nationals in 

connection with ballot initiatives and referenda. 

Sec. 104. Disbursements and activities subject to foreign money ban. 

Sec. 105. Prohibiting establishment of corporation to conceal election contributions and donations by foreign nationals. 

TITLE II—REPORTING OF CAMPAIGN-RELATED DISBURSEMENTS 

Sec. 201. Reporting of campaign-related disbursements. 

Sec. 202. Reporting of Federal judicial nomination disbursements. 

Sec. 203. Coordination with FinCEN. 

Sec. 204. Application of foreign money ban to disbursements for campaign-related disbursements consisting of covered transfers. 

Sec. 205. Sense of Congress regarding implementation. 

Sec. 206. Effective date. 

TITLE III—OTHER ADMINISTRATIVE REFORMS 

Sec. 301. Petition for certiorari. 

Sec. 302. Judicial review of actions related to campaign finance laws. 

Sec. 303. Effective date. 

TITLE IV—STAND BY EVERY AD 

Sec. 401. Short title. 

Sec. 402. Stand by every ad. 

Sec. 403. Disclaimer requirements for communications made through 

prerecorded telephone calls. 

Sec. 404. No expansion of persons subject to disclaimer requirements on internet communications. 

Sec. 405. Effective date. 


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TITLE V—SEVERABILITY 

Sec. 501. Severability. 

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Campaign finance disclosure is a narrowly 

4 tailored and minimally restrictive means to advance 

5 substantial government interests, including fostering 

6 an informed electorate capable of engaging in self7 government and holding their elected officials ac8 countable, detecting and deterring quid pro quo cor9 ruption, and identifying information necessary to en10 force other campaign finance laws, including cam11 paign contribution limits and the prohibition on for12 eign money in U.S. campaigns. To further these 

13 substantial interests, campaign finance disclosure 

14 must be timely and complete, and must disclose the 

15 true and original source of money given, transferred, 

16 and spent to influence Federal elections. Current law 

17 does not meet this objective because corporations 

18 and other entities that the Supreme Court has per19 mitted to spend money to influence Federal elections 

20 are subject to few if any transparency requirements. 

21 (2) As the Supreme Court recognized in its per 

22 curiam opinion in Buckley v. Valeo, 424 U.S. 1, 

23 (1976), ‘‘disclosure requirements certainly in most 

24 applications appear to be the least restrictive means 


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1 of curbing the evils of campaign ignorance and cor2 ruption that Congress found to exist.’’ Buckley, 424 

3 U.S. at 68. In Citizens United v. FEC, the Court re4 iterated that ‘‘disclosure is a less restrictive alter5 native to more comprehensive regulations of speech.’’ 

6 558 U.S. 310, 369 (2010). 

7 (3) No subsequent decision has called these 

8 holdings into question, including the Court’s decision 

9 in Americans for Prosperity Foundation v. Bonta, 

10 141 S. Ct. 2373 (2021). That case did not involve 

11 campaign finance disclosure, and the Court did not 

12 overturn its longstanding recognition of the substan13 tial interests furthered by such disclosure. 

14 (4) Campaign finance disclosure is also essen15 tial to enforce the Federal Election Campaign Act’s 

16 prohibition on contributions by and solicitations of 

17 foreign nationals. See section 319 of the Federal 

18 Election Campaign Act of 1971 (52 U.S.C. 30121). 

19 (5) Congress should close loopholes allowing 

20 spending by foreign nationals in domestic elections. 

21 For example, in 2021, the Federal Election Commis22 sion, the independent Federal agency charged with 

23 protecting the integrity of the Federal campaign fi24 nance process, found reason to believe and concil25 iated a matter where an experienced political conVerDate Sep 11 2014 05:12 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S512.IS S512

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1 sultant knowingly and willfully violated Federal law 

2 by soliciting a contribution from a foreign national 

3 by offering to transmit a $2,000,000 contribution to 

4 a super PAC through his company and two 

5 501(c)(4) organizations, to conceal the origin of the 

6 funds. This scheme was only unveiled after appear7 ing in a The Telegraph UK article and video cap8 turing the solicitation. See Conciliation Agreement, 

9 MURs 7165 & 7196 (Great America PAC, et al.), 

10 date June 28, 2021; Factual and Legal Analysis, 

11 MURs 7165 & 7196 (Jesse Benton), dated Mar. 2, 

12 2021. 

13 TITLE I—CLOSING LOOPHOLES 

14 ALLOWING SPENDING BY 

15 FOREIGN NATIONALS IN 

16 ELECTIONS 

17 SEC. 101. CLARIFICATION OF APPLICATION OF FOREIGN 

18 MONEY BAN TO CERTAIN DISBURSEMENTS 

19 AND ACTIVITIES. 

20 Section 319(b) of the Federal Election Campaign Act 

21 of 1971 (52 U.S.C. 30121(b)) is amended— 

22 (1) by redesignating paragraphs (1) and (2) as 

23 subparagraphs (A) and (B), respectively, and by 

24 moving such subparagraphs 2 ems to the right; 


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1 (2) by striking ‘‘As used in this section, the 

2 term’’ and inserting the following: ‘‘DEFINITIONS.— 

3 For purposes of this section— 

4 ‘‘(1) FOREIGN NATIONAL.—The term’’; 

5 (3) by moving paragraphs (1) and (2) two ems 

6 to the right and redesignating them as subpara7 graphs (A) and (B), respectively; and 

8 (4) by adding at the end the following new 

9 paragraph: 

10 ‘‘(2) CONTRIBUTION AND DONATION.—For pur11 poses of paragraphs (1) and (2) of subsection (a), 

12 the term ‘contribution or donation’ includes any dis13 bursement to a political committee which accepts do14 nations or contributions that do not comply with any 

15 of the limitations, prohibitions, and reporting re16 quirements of this Act (or any disbursement to or on 

17 behalf of any account of a political committee which 

18 is established for the purpose of accepting such do19 nations or contributions), or to any other person for 

20 the purpose of funding an expenditure, independent 

21 expenditure, or electioneering communication (as de22 fined in section 304(f)(3)).’’. 


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1 SEC. 102. STUDY AND REPORT ON ILLICIT FOREIGN MONEY 

2 IN FEDERAL ELECTIONS. 

3 (a) STUDY.—For each 4-year election cycle (begin4 ning with the 4-year election cycle ending in 2020), the 

5 Comptroller General shall conduct a study on the inci6 dence of illicit foreign money in all elections for Federal 

7 office held during the preceding 4-year election cycle, in8 cluding what information is known about the presence of 

9 such money in elections for Federal office. 

10 (b) REPORT.— 

11 (1) IN GENERAL.—Not later than the applicable 

12 date with respect to any 4-year election cycle, the 

13 Comptroller General shall submit to the appropriate 

14 congressional committees a report on the study con15 ducted under subsection (a). 

16 (2) MATTERS INCLUDED.—The report sub17 mitted under paragraph (1) shall include a descrip18 tion of the extent to which illicit foreign money was 

19 used to target particular groups, including rural 

20 communities, African-American and other minority 

21 communities, and military and veteran communities, 

22 based on such targeting information as is available 

23 and accessible to the Comptroller General. 

24 (3) APPLICABLE DATE.—For purposes of para25 graph (1), the term ‘‘applicable date’’ means— 


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1 (A) in the case of the 4-year election cycle 

2 ending in 2020, the date that is 1 year after 

3 the date of the enactment of this Act; and 

4 (B) in the case of any other 4-year election 

5 cycle, the date that is 1 year after the date on 

6 which such 4-year election cycle ends. 

7 (c) DEFINITIONS.—As used in this section: 

8 (1) 4-YEAR ELECTION CYCLE.—The term ‘‘4- 

9 year election cycle’’ means the 4-year period ending 

10 on the date of the general election for the offices of 

11 President and Vice President. 

12 (2) ILLICIT FOREIGN MONEY.—The term ‘‘illicit 

13 foreign money’’ means any contribution, donation, 

14 expenditure, or disbursement by a foreign national 

15 (as defined in section 319(b) of the Federal Election 

16 Campaign Act of 1971 (52 U.S.C.30121(b))) prohib17 ited under such section. 

18 (3) ELECTION; FEDERAL OFFICE.—The terms 

19 ‘‘election’’ and ‘‘Federal office’’ have the meanings 

20 given such terms under section 301 of the Federal 

21 Election Campaign Act of 1971 (53 U.S.C. 30101). 

22 (4) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate congressional com24 mittees’’ means— 


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1 (A) the Committee on House Administra2 tion of the House of Representatives; 

3 (B) the Committee on Rules and Adminis4 tration of the Senate; 

5 (C) the Committee on the Judiciary of the 

6 House of Representatives; and 

7 (D) the Committee on the Judiciary of the 

8 Senate. 

9 (d) SUNSET.—This section shall not apply to any 4- 

10 year election cycle beginning after the election for the of11 fices of President and Vice President in 2032. 

12 SEC. 103. PROHIBITION ON CONTRIBUTIONS AND DONA13 TIONS BY FOREIGN NATIONALS IN CONNEC14 TION WITH BALLOT INITIATIVES AND 

15 REFERENDA. 

16 (a) IN GENERAL.—Section 319(b) of the Federal 

17 Election Campaign Act of 1971 (52 U.S.C. 30121(b)), as 

18 amended by section 101, is amended by adding at the end 

19 the following new paragraphs: 

20 ‘‘(3) FEDERAL, STATE, OR LOCAL ELECTION.— 

21 The term ‘Federal, State, or local election’ includes 

22 a State or local ballot initiative or referendum, but 

23 only in the case of— 

24 ‘‘(A) a covered foreign national as defined 

25 in paragraph (4); or 


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1 ‘‘(B) a foreign principal described in sec2 tion 1(b)(2) or 1(b)(3) of the Foreign Agent 

3 Registration Act of 1938, as amended (22 

4 U.S.C. 611(b)(2) or (b)(3)) or an agent of such 

5 a foreign principal under such Act. 

6 ‘‘(4) COVERED FOREIGN NATIONAL.— 

7 ‘‘(A) IN GENERAL.—The term ‘covered for8 eign national’ means— 

9 ‘‘(i) a foreign principal (as defined in 

10 section 1(b) of the Foreign Agents Reg11 istration Act of 1938 (22 U.S.C. 611(b)) 

12 that is a government of a foreign country 

13 or a foreign political party; 

14 ‘‘(ii) any person who acts as an agent, 

15 representative, employee, or servant, or 

16 any person who acts in any other capacity 

17 at the order, request, or under the direc18 tion or control, of a foreign principal de19 scribed in clause (i) or of a person any of 

20 whose activities are directly or indirectly 

21 supervised, directed, controlled, financed, 

22 or subsidized in whole or in major part by 

23 a foreign principal described in clause (i); 

24 or 


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1 ‘‘(iii) any person included in the list of 

2 specially designated nationals and blocked 

3 persons maintained by the Office of For4 eign Assets Control of the Department of 

5 the Treasury pursuant to authorities relat6 ing to the imposition of sanctions relating 

7 to the conduct of a foreign principal de8 scribed in clause (i). 

9 ‘‘(B) CLARIFICATION REGARDING APPLICA10 TION TO CITIZENS OF THE UNITED STATES.— 

11 In the case of a citizen of the United States, 

12 clause (ii) of subparagraph (A) applies only to 

13 the extent that the person involved acts within 

14 the scope of that person’s status as the agent 

15 of a foreign principal described in clause (i) of 

16 subparagraph (A).’’. 

17 (b) EFFECTIVE DATE.—The amendment made by 

18 this section shall apply with respect to elections held in 

19 2024 or any succeeding year. 

20 SEC. 104. DISBURSEMENTS AND ACTIVITIES SUBJECT TO 

21 FOREIGN MONEY BAN. 

22 (a) DISBURSEMENTS DESCRIBED.—Section 

23 319(a)(1) of the Federal Election Campaign Act of 1971 

24 (52 U.S.C. 30121(a)(1)) is amended— 


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1 (1) by striking ‘‘or’’ at the end of subparagraph 

2 (B); and 

3 (2) by striking subparagraph (C) and inserting 

4 the following: 

5 ‘‘(C) an expenditure; 

6 ‘‘(D) an independent expenditure; 

7 ‘‘(E) a disbursement for an electioneering 

8 communication (within the meaning of section 

9 304(f)(3)); 

10 ‘‘(F) a disbursement for a communication 

11 which is placed or promoted for a fee on a 

12 website, web application, or digital application 

13 that refers to a clearly identified candidate for 

14 election for Federal office and is disseminated 

15 within 60 days before a general, special or run16 off election for the office sought by the can17 didate or 30 days before a primary or pref18 erence election, or a convention or caucus of a 

19 political party that has authority to nominate a 

20 candidate for the office sought by the can21 didate; 

22 ‘‘(G) a disbursement by a covered foreign 

23 national (as defined in subsection (b)(4)) for a 

24 broadcast, cable or satellite communication, or 

25 for a communication which is placed or proVerDate Sep 11 2014 05:12 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S512.IS S512

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1 moted for a fee on a website, web application, 

2 or digital application, that promotes, supports, 

3 attacks or opposes the election of a clearly iden4 tified candidate for Federal, State, or local of5 fice (regardless of whether the communication 

6 contains express advocacy or the functional 

7 equivalent of express advocacy); 

8 ‘‘(H) a disbursement for a broadcast, 

9 cable, or satellite communication, or for any 

10 communication which is placed or promoted for 

11 a fee on an online platform (as defined in sub12 section (b)(5)), that discusses a national legisla13 tive issue of public importance in a year in 

14 which a regularly scheduled general election for 

15 Federal office is held, but only if the disburse16 ment is made by a covered foreign national (as 

17 defined in subsection (b)(4)); 

18 ‘‘(I) a disbursement by a covered foreign 

19 national (as defined in subsection (b)(4)) to 

20 compensate any person for internet activity that 

21 promotes, supports, attacks or opposes the elec22 tion of a clearly identified candidate for Fed23 eral, State, or local office (regardless of whether 

24 the activity contains express advocacy or the 

25 functional equivalent of express advocacy); or 


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1 ‘‘(J) a disbursement by a covered foreign 

2 national (as defined in subsection (b)(4)) for a 

3 Federal judicial nomination communication (as 

4 defined in section 324(g)(2));’’. 

5 (b) DEFINITION OF ONLINE PLATFORM.—Section 

6 319(b) of such Act (52 U.S.C. 30121(b)), as amended by 

7 sections 101 and 103, is amended by adding at the end 

8 the following new paragraph: 

9 ‘‘(5) ONLINE PLATFORM.— 

10 ‘‘(A) IN GENERAL.—For purposes of this 

11 section, subject to subparagraph (B), the term 

12 ‘online platform’ means any public-facing 

13 website, web application, or digital application 

14 (including a social network, ad network, or 

15 search engine) which— 

16 ‘‘(i)(I) sells qualified political adver17 tisements; and 

18 ‘‘(II) has 50,000,000 or more unique 

19 monthly United States visitors or users for 

20 a majority of months during the preceding 

21 12 months; or 

22 ‘‘(ii) is a third-party advertising ven23 dor that has 50,000,000 or more unique 

24 monthly United States visitors in the ag25 gregate on any advertisement space that it 


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1 has sold or bought for a majority of 

2 months during the preceding 12 months, 

3 as measured by an independent digital rat4 ings service accredited by the Media Rat5 ings Council (or its successor). 

6 ‘‘(B) EXEMPTION.—Such term shall not 

7 include any online platform that is a distribu8 tion facility of any broadcasting station or 

9 newspaper, magazine, blog, publication, or peri10 odical. 

11 ‘‘(C) THIRD-PARTY ADVERTISING VENDOR

12 DEFINED.—For purposes of this subsection, the 

13 term ‘third-party advertising vendor’ includes, 

14 but is not limited to, any third-party adver15 tising vendor network, advertising agency, ad16 vertiser, or third-party advertisement serving 

17 company that buys and sells advertisement 

18 space on behalf of unaffiliated third-party 

19 websites, search engines, digital applications, or 

20 social media sites.’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall apply with respect to disbursements 

23 made on or after the date of the enactment of this Act. 


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1 SEC. 105. PROHIBITING ESTABLISHMENT OF CORPORATION 

2 TO CONCEAL ELECTION CONTRIBUTIONS 

3 AND DONATIONS BY FOREIGN NATIONALS. 

4 (a) PROHIBITION.—Chapter 29 of title 18, United 

5 States Code is amended by adding at the end the fol6 lowing: 

7 ‘‘§ 612. Establishment of corporation to conceal elec8 tion contributions and donations by for9 eign nationals 

10 ‘‘(a) OFFENSE.—It shall be unlawful for an owner, 

11 officer, attorney, or incorporation agent of a corporation, 

12 company, or other entity to establish or use the corpora13 tion, company, or other entity with the intent to conceal 

14 an activity of a foreign national (as defined in section 319 

15 of the Federal Election Campaign Act of 1971 (52 U.S.C. 

16 30121)) prohibited under such section 319. 

17 ‘‘(b) PENALTY.—Any person who violates subsection 

18 (a) shall be imprisoned for not more than 5 years, fined 

19 under this title, or both.’’. 

20 (b) TABLE OF SECTIONS.—The table of sections for 

21 chapter 29 of title 18, United States Code is amended by 

22 adding at the end the following new item: 

‘‘612. Establishment of corporation to conceal election contributions and donations by foreign nationals.’’. 


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1 TITLE II—REPORTING OF CAM2 PAIGN-RELATED DISBURSE3 MENTS 

4 SEC. 201. REPORTING OF CAMPAIGN-RELATED DISBURSE5 MENTS. 

6 (a) IN GENERAL.—Section 324 of the Federal Elec7 tion Campaign Act of 1971 (52 U.S.C. 30126) is amended 

8 to read as follows: 

9 ‘‘SEC. 324. DISCLOSURE OF CAMPAIGN-RELATED DISBURSE10 MENTS BY COVERED ORGANIZATIONS. 

11 ‘‘(a) DISCLOSURE STATEMENT.— 

12 ‘‘(1) IN GENERAL.—Any covered organization 

13 that makes campaign-related disbursements aggre14 gating more than $10,000 in an election reporting 

15 cycle shall, not later than 24 hours after each disclo16 sure date, file a statement with the Commission 

17 made under penalty of perjury that contains the in18 formation described in paragraph (2)— 

19 ‘‘(A) in the case of the first statement filed 

20 under this subsection, for the period beginning 

21 on the first day of the election reporting cycle 

22 (or, if earlier, the period beginning one year be23 fore the first such disclosure date) and ending 

24 on the first such disclosure date; and 


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1 ‘‘(B) in the case of any subsequent state2 ment filed under this subsection, for the period 

3 beginning on the previous disclosure date and 

4 ending on such disclosure date. 

5 ‘‘(2) INFORMATION DESCRIBED.—The informa6 tion described in this paragraph is as follows: 

7 ‘‘(A) The name of the covered organization 

8 and the principal place of business of such or9 ganization and, in the case of a covered organi10 zation that is a corporation (other than a busi11 ness concern that is an issuer of a class of secu12 rities registered under section 12 of the Securi13 ties Exchange Act of 1934 (15 U.S.C. 78l) or 

14 that is required to file reports under section 

15 15(d) of that Act (15 U.S.C. 78o(d))) or an en16 tity described in subsection (e)(2), a list of the 

17 beneficial owners (as defined in paragraph 

18 (4)(A)) of the entity that— 

19 ‘‘(i) identifies each beneficial owner by 

20 name and current residential or business 

21 street address; and 

22 ‘‘(ii) if any beneficial owner exercises 

23 control over the entity through another 

24 legal entity, such as a corporation, partner25 ship, limited liability company, or trust, 


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1 identifies each such other legal entity and 

2 each such beneficial owner who will use 

3 that other entity to exercise control over 

4 the entity. 

5 ‘‘(B) The amount of each campaign-related 

6 disbursement made by such organization during 

7 the period covered by the statement of more 

8 than $1,000, and the name and address of the 

9 person to whom the disbursement was made. 

10 ‘‘(C) In the case of a campaign-related dis11 bursement that is not a covered transfer, the 

12 election to which the campaign-related disburse13 ment pertains and if the disbursement is made 

14 for a public communication, the name of any 

15 candidate identified in such communication and 

16 if such communication is in support of or in op17 position to the identified candidate. 

18 ‘‘(D) A certification by the chief executive 

19 officer or person who is the head of the covered 

20 organization that the campaign-related dis21 bursement is not made in cooperation, consulta22 tion, or concert with or at the request or sug23 gestion of a candidate, authorized committee, or 

24 agent of a candidate, political party, or agent of 

25 a political party. 


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1 ‘‘(E)(i) If the covered organization makes 

2 campaign-related disbursements using exclu3 sively funds in a campaign-related disbursement 

4 segregated fund, for each payment made to the 

5 account by a person other than the covered or6 ganization— 

7 ‘‘(I) the name and address of each 

8 person who made such payment to the ac9 count during the period covered by the 

10 statement; 

11 ‘‘(II) the date and amount of such 

12 payment; and 

13 ‘‘(III) the aggregate amount of all 

14 such payments made by the person during 

15 the period beginning on the first day of the 

16 election reporting cycle (or, if earlier, the 

17 period beginning one year before the dis18 closure date) and ending on the disclosure 

19 date, 

20 but only if such payment was made by a person 

21 who made payments to the account in an aggre22 gate amount of $10,000 or more during the pe23 riod beginning on the first day of the election 

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1 ning one year before the disclosure date) and 

2 ending on the disclosure date. 

3 ‘‘(ii) In any calendar year after 2024, sec4 tion 315(c)(1)(B) shall apply to the amount de5 scribed in clause (i) in the same manner as 

6 such section applies to the limitations estab7 lished under subsections (a)(1)(A), (a)(1)(B), 

8 (a)(3), and (h) of such section, except that for 

9 purposes of applying such section to the 

10 amounts described in subsection (b), the ‘base 

11 period’ shall be calendar year 2024. 

12 ‘‘(F)(i) If the covered organization makes 

13 campaign-related disbursements using funds 

14 other than funds in a campaign-related dis15 bursement segregated fund, for each payment 

16 to the covered organization— 

17 ‘‘(I) the name and address of each 

18 person who made such payment during the 

19 period covered by the statement; 

20 ‘‘(II) the date and amount of such 

21 payment; and 

22 ‘‘(III) the aggregate amount of all 

23 such payments made by the person during 

24 the period beginning on the first day of the 

25 election reporting cycle (or, if earlier, the 


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1 period beginning one year before the dis2 closure date) and ending on the disclosure 

3 date, 

4 but only if such payment was made by a person 

5 who made payments to the covered organization 

6 in an aggregate amount of $10,000 or more 

7 during the period beginning on the first day of 

8 the election reporting cycle (or, if earlier, the 

9 period beginning one year before the disclosure 

10 date) and ending on the disclosure date. 

11 ‘‘(ii) In any calendar year after 2024, sec12 tion 315(c)(1)(B) shall apply to the amount de13 scribed in clause (i) in the same manner as 

14 such section applies to the limitations estab15 lished under subsections (a)(1)(A), (a)(1)(B), 

16 (a)(3), and (h) of such section, except that for 

17 purposes of applying such section to the 

18 amounts described in subsection (b), the ‘base 

19 period’ shall be calendar year 2024. 

20 ‘‘(G) Such other information as required in 

21 rules established by the Commission to promote 

22 the purposes of this section. 

23 ‘‘(3) EXCEPTIONS.— 

24 ‘‘(A) AMOUNTS RECEIVED IN ORDINARY

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1 clude in a statement filed under paragraph (1) 

2 the information described in paragraph (2) 

3 shall not apply to amounts received by the cov4 ered organization in commercial transactions in 

5 the ordinary course of any trade or business 

6 conducted by the covered organization or in the 

7 form of investments (other than investments by 

8 the principal shareholder in a limited liability 

9 corporation) in the covered organization. For 

10 purposes of this subparagraph, amounts re11 ceived by a covered organization as remittances 

12 from an employee to the employee’s collective 

13 bargaining representative shall be treated as 

14 amounts received in commercial transactions in 

15 the ordinary course of the business conducted 

16 by the covered organization. 

17 ‘‘(B) DONOR RESTRICTION ON USE OF

18 FUNDS.—The requirement to include in a state19 ment submitted under paragraph (1) the infor20 mation described in subparagraph (F) of para21 graph (2) shall not apply if— 

22 ‘‘(i) the person described in such sub23 paragraph prohibited, in writing, the use of 

24 the payment made by such person for cam25 paign-related disbursements; and 


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1 ‘‘(ii) the covered organization agreed 

2 to follow the prohibition and deposited the 

3 payment in an account which is segregated 

4 from a campaign-related disbursement seg5 regated fund and any other account used 

6 to make campaign-related disbursements. 

7 ‘‘(C) THREAT OF HARASSMENT OR RE8 PRISAL.—The requirement to include any infor9 mation relating to the name or address of any 

10 person (other than a candidate) in a statement 

11 submitted under paragraph (1) shall not apply 

12 if the inclusion of the information would subject 

13 the person to serious threats, harassment, or 

14 reprisals. 

15 ‘‘(4) OTHER DEFINITIONS.—For purposes of 

16 this section: 

17 ‘‘(A) BENEFICIAL OWNER DEFINED.— 

18 ‘‘(i) IN GENERAL.—Except as pro19 vided in clause (ii), the term ‘beneficial 

20 owner’ means, with respect to any entity, 

21 a natural person who, directly or indi22 rectly— 

23 ‘‘(I) exercises substantial control 

24 over an entity through ownership, vot25 ing rights, agreement, or otherwise; or 


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1 ‘‘(II) has a substantial interest in 

2 or receives substantial economic bene3 fits from the assets of an entity. 

4 ‘‘(ii) EXCEPTIONS.—The term ‘bene5 ficial owner’ shall not include— 

6 ‘‘(I) a minor child; 

7 ‘‘(II) a person acting as a nomi8 nee, intermediary, custodian, or agent 

9 on behalf of another person; 

10 ‘‘(III) a person acting solely as 

11 an employee of an entity and whose 

12 control over or economic benefits from 

13 the entity derives solely from the em14 ployment status of the person; 

15 ‘‘(IV) a person whose only inter16 est in an entity is through a right of 

17 inheritance, unless the person also 

18 meets the requirements of clause (i); 

19 or 

20 ‘‘(V) a creditor of an entity, un21 less the creditor also meets the re22 quirements of clause (i). 

23 ‘‘(iii) ANTI-ABUSE RULE.—The excep24 tions under clause (ii) shall not apply if 

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1 venting, or abusing the provisions of clause 

2 (i) or paragraph (2)(A). 

3 ‘‘(B) CAMPAIGN-RELATED DISBURSEMENT

4 SEGREGATED FUND.—The term ‘campaign-re5 lated disbursement segregated fund’ means a 

6 segregated bank account consisting of funds 

7 that were paid directly to such account by per8 sons other than the covered organization that 

9 controls the account. 

10 ‘‘(C) DISCLOSURE DATE.—The term ‘dis11 closure date’ means— 

12 ‘‘(i) the first date during any election 

13 reporting cycle by which a person has 

14 made campaign-related disbursements ag15 gregating more than $10,000; and 

16 ‘‘(ii) any other date during such elec17 tion reporting cycle by which a person has 

18 made campaign-related disbursements ag19 gregating more than $10,000 since the 

20 most recent disclosure date for such elec21 tion reporting cycle. 

22 ‘‘(D) ELECTION REPORTING CYCLE.—The 

23 term ‘election reporting cycle’ means the 2-year 

24 period beginning on the date of the most recent 

25 general election for Federal office. 


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1 ‘‘(E) PAYMENT.—The term ‘payment’ in2 cludes any contribution, donation, transfer, pay3 ment of dues, or other payment. 

4 ‘‘(b) COORDINATION WITH OTHER PROVISIONS.— 

5 ‘‘(1) OTHER REPORTS FILED WITH THE COM6 MISSION.—Information included in a statement filed 

7 under this section may be excluded from statements 

8 and reports filed under section 304. 

9 ‘‘(2) TREATMENT AS SEPARATE SEGREGATED

10 FUND.—A campaign-related disbursement seg11 regated fund may be treated as a separate seg12 regated fund for purposes of section 527(f)(3) of the 

13 Internal Revenue Code of 1986. 

14 ‘‘(c) FILING.—Statements required to be filed under 

15 subsection (a) shall be subject to the requirements of sec16 tion 304(d) to the same extent and in the same manner 

17 as if such reports had been required under subsection (c) 

18 or (g) of section 304. 

19 ‘‘(d) CAMPAIGN-RELATED DISBURSEMENT DE20 FINED.— 

21 ‘‘(1) IN GENERAL.—In this section, the term 

22 ‘campaign-related disbursement’ means a disburse23 ment by a covered organization for any of the fol24 lowing: 


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1 ‘‘(A) An independent expenditure which ex2 pressly advocates the election or defeat of a 

3 clearly identified candidate for election for Fed4 eral office, or is the functional equivalent of ex5 press advocacy because, when taken as a whole, 

6 it can be interpreted by a reasonable person 

7 only as advocating the election or defeat of a 

8 candidate for election for Federal office. 

9 ‘‘(B) An applicable public communication. 

10 ‘‘(C) An electioneering communication, as 

11 defined in section 304(f)(3). 

12 ‘‘(D) A covered transfer. 

13 ‘‘(2) APPLICABLE PUBLIC COMMUNICATIONS.— 

14 ‘‘(A) IN GENERAL.—The term ‘applicable 

15 public communication’ means any public com16 munication that refers to a clearly identified 

17 candidate for election for Federal office and 

18 which promotes or supports the election of a 

19 candidate for that office, or attacks or opposes 

20 the election of a candidate for that office, with21 out regard to whether the communication ex22 pressly advocates a vote for or against a can23 didate for that office. 

24 ‘‘(B) EXCEPTION.—Such term shall not in25 clude any news story, commentary, or editorial 


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1 distributed through the facilities of any broad2 casting station or any print, online, or digital 

3 newspaper, magazine, publication, or periodical, 

4 unless such facilities are owned or controlled by 

5 any political party, political committee, or can6 didate. 

7 ‘‘(e) COVERED ORGANIZATION DEFINED.—In this 

8 section, the term ‘covered organization’ means any of the 

9 following: 

10 ‘‘(1) A corporation (other than an organization 

11 described in section 501(c)(3) of the Internal Rev12 enue Code of 1986). 

13 ‘‘(2) A limited liability corporation that is not 

14 otherwise treated as a corporation for purposes of 

15 this Act (other than an organization described in 

16 section 501(c)(3) of the Internal Revenue Code of 

17 1986). 

18 ‘‘(3) An organization described in section 

19 501(c) of such Code and exempt from taxation 

20 under section 501(a) of such Code (other than an 

21 organization described in section 501(c)(3) of such 

22 Code). 

23 ‘‘(4) A labor organization (as defined in section 

24 316(b)). 


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1 ‘‘(5) Any political organization under section 

2 527 of the Internal Revenue Code of 1986, other 

3 than a political committee under this Act (except as 

4 provided in paragraph (6)). 

5 ‘‘(6) A political committee with an account that 

6 accepts donations or contributions that do not com7 ply with the contribution limits or source prohibi8 tions under this Act, but only with respect to such 

9 accounts. 

10 ‘‘(f) COVERED TRANSFER DEFINED.— 

11 ‘‘(1) IN GENERAL.—In this section, the term 

12 ‘covered transfer’ means any transfer or payment of 

13 funds by a covered organization to another person if 

14 the covered organization— 

15 ‘‘(A) designates, requests, or suggests that 

16 the amounts be used for— 

17 ‘‘(i) campaign-related disbursements 

18 (other than covered transfers); or 

19 ‘‘(ii) making a transfer to another 

20 person for the purpose of making or pay21 ing for such campaign-related disburse22 ments; 

23 ‘‘(B) made such transfer or payment in re24 sponse to a solicitation or other request for a 

25 donation or payment for— 


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1 ‘‘(i) the making of or paying for cam2 paign-related disbursements (other than 

3 covered transfers); or 

4 ‘‘(ii) making a transfer to another 

5 person for the purpose of making or pay6 ing for such campaign-related disburse7 ments; 

8 ‘‘(C) engaged in discussions with the re9 cipient of the transfer or payment regarding— 

10 ‘‘(i) the making of or paying for cam11 paign-related disbursements (other than 

12 covered transfers); or 

13 ‘‘(ii) donating or transferring any 

14 amount of such transfer or payment to an15 other person for the purpose of making or 

16 paying for such campaign-related disburse17 ments; or 

18 ‘‘(D) knew or had reason to know that the 

19 person receiving the transfer or payment would 

20 make campaign-related disbursements in an ag21 gregate amount of $50,000 or more during the 

22 2-year period beginning on the date of the 

23 transfer or payment. 

24 ‘‘(2) EXCLUSIONS.—The term ‘covered transfer’ 

25 does not include any of the following: 


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1 ‘‘(A) A disbursement made by a covered 

2 organization in a commercial transaction in the 

3 ordinary course of any trade or business con4 ducted by the covered organization or in the 

5 form of investments made by the covered orga6 nization. 

7 ‘‘(B) A disbursement made by a covered 

8 organization if— 

9 ‘‘(i) the covered organization prohib10 ited, in writing, the use of such disburse11 ment for campaign-related disbursements; 

12 and 

13 ‘‘(ii) the recipient of the disbursement 

14 agreed to follow the prohibition and depos15 ited the disbursement in an account which 

16 is segregated from a campaign-related dis17 bursement segregated fund and any other 

18 account used to make campaign-related 

19 disbursements. 

20 ‘‘(3) SPECIAL RULE REGARDING TRANSFERS

21 AMONG AFFILIATES.— 

22 ‘‘(A) SPECIAL RULE.—A transfer of an 

23 amount by one covered organization to another 

24 covered organization which is treated as a 

25 transfer between affiliates under subparagraph 


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1 (C) shall be considered a covered transfer by 

2 the covered organization which transfers the 

3 amount only if the aggregate amount trans4 ferred during the year by such covered organi5 zation to that same covered organization is 

6 equal to or greater than $50,000. 

7 ‘‘(B) DETERMINATION OF AMOUNT OF

8 CERTAIN PAYMENTS AMONG AFFILIATES.—In 

9 determining the amount of a transfer between 

10 affiliates for purposes of subparagraph (A), to 

11 the extent that the transfer consists of funds 

12 attributable to dues, fees, or assessments which 

13 are paid by individuals on a regular, periodic 

14 basis in accordance with a per-individual cal15 culation which is made on a regular basis, the 

16 transfer shall be attributed to the individuals 

17 paying the dues, fees, or assessments and shall 

18 not be attributed to the covered organization. 

19 ‘‘(C) DESCRIPTION OF TRANSFERS BE20 TWEEN AFFILIATES.—A transfer of amounts 

21 from one covered organization to another cov22 ered organization shall be treated as a transfer 

23 between affiliates if— 

24 ‘‘(i) one of the organizations is an af25 filiate of the other organization; or 


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1 ‘‘(ii) each of the organizations is an 

2 affiliate of the same organization, 

3 except that the transfer shall not be treated as 

4 a transfer between affiliates if one of the orga5 nizations is established for the purpose of mak6 ing campaign-related disbursements. 

7 ‘‘(D) DETERMINATION OF AFFILIATE STA8 TUS.—For purposes of subparagraph (C), a 

9 covered organization is an affiliate of another 

10 covered organization if— 

11 ‘‘(i) the governing instrument of the 

12 organization requires it to be bound by de13 cisions of the other organization; 

14 ‘‘(ii) the governing board of the orga15 nization includes persons who are specifi16 cally designated representatives of the 

17 other organization or are members of the 

18 governing board, officers, or paid executive 

19 staff members of the other organization, or 

20 whose service on the governing board is 

21 contingent upon the approval of the other 

22 organization; or 

23 ‘‘(iii) the organization is chartered by 

24 the other organization. 


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1 ‘‘(E) COVERAGE OF TRANSFERS TO AF2 FILIATED SECTION 501(c)(3) ORGANIZA3 TIONS.—This paragraph shall apply with re4 spect to an amount transferred by a covered or5 ganization to an organization described in para6 graph (3) of section 501(c) of the Internal Rev7 enue Code of 1986 and exempt from tax under 

8 section 501(a) of such Code in the same man9 ner as this paragraph applies to an amount 

10 transferred by a covered organization to an11 other covered organization. 

12 ‘‘(g) NO EFFECT ON OTHER REPORTING REQUIRE13 MENTS.—Except as provided in subsection (b)(1), nothing 

14 in this section shall be construed to waive or otherwise 

15 affect any other requirement of this Act which relates to 

16 the reporting of campaign-related disbursements.’’. 

17 (b) CONFORMING AMENDMENT.—Section 304(f)(6) 

18 of such Act (52 U.S.C. 30104) is amended by striking 

19 ‘‘Any requirement’’ and inserting ‘‘Except as provided in 

20 section 324(b), any requirement’’. 

21 (c) REGULATIONS.—Not later than 6 months after 

22 the date of the enactment of this Act, the Federal Election 

23 Commission shall promulgate regulations relating the ap24 plication of the exemption under section 324(a)(3)(C) of 


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1 the Federal Election Campaign Act of 1971 (as added by 

2 subsection (a)). Such regulations— 

3 (1) shall require that the legal burden of estab4 lishing eligibility for such exemption is upon the or5 ganization required to make the report required 

6 under section 324(a)(1) of such Act (as added by 

7 subsection (a)), and 

8 (2) shall be consistent with the principles ap9 plied in Citizens United v. Federal Election Commis10 sion, 558 U.S. 310 (2010). 

11 SEC. 202. REPORTING OF FEDERAL JUDICIAL NOMINATION 

12 DISBURSEMENTS. 

13 (a) FINDINGS.—Congress makes the following find14 ings: 

15 (1) A fair and impartial judiciary is critical for 

16 our democracy and crucial to maintain the faith of 

17 the people of the United States in the justice sys18 tem. As the Supreme Court held in Caperton v. 

19 Massey, ‘‘there is a serious risk of actual bias— 

20 based on objective and reasonable perceptions— 

21 when a person with a personal stake in a particular 

22 case had a significant and disproportionate influence 

23 in placing the judge on the case.’’(Caperton v. A. T. 

24 Massey Coal Co., 556 U.S. 868, 884 (2009)). 


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1 (2) Public trust in government is at a historic 

2 low. According to polling, most Americans believe 

3 that corporations have too much power and influence 

4 in politics and the courts. 

5 (3) The prevalence and pervasiveness of dark 

6 money drives public concern about corruption in pol7 itics and the courts. Dark money is funding for or8 ganizations and political activities that cannot be 

9 traced to actual donors. It is made possible by loop10 holes in our tax laws and regulations, weak oversight 

11 by the Internal Revenue Service, and donor-friendly 

12 court decisions. 

13 (4) Under current law, ‘‘social welfare’’ organi14 zations and business leagues can use funds to influ15 ence elections so long as political activity is not their 

16 ‘‘primary’’ activity. Super PACs can accept and 

17 spend unlimited contributions from any non-foreign 

18 source. These groups can spend tens of millions of 

19 dollars on political activities. Such dark money 

20 groups spent an estimated $1,050,000,000 in the 

21 2020 election cycle. 

22 (5) Dark money is used to shape judicial deci23 sion making. This can take many forms, akin to 

24 agency capture: influencing judicial selection by con25 trolling who gets nominated and funding candidate 


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1 advertisements; creating public relations campaigns 

2 aimed at mobilizing the judiciary around particular 

3 issues; and drafting law review articles, amicus 

4 briefs, and other products which tell judges how to 

5 decide a given case and provide ready-made argu6 ments for willing judges to adopt. 

7 (6) Over the past decade, nonprofit organiza8 tions that do not disclose their donors have spent 

9 hundreds of millions of dollars to influence the nomi10 nation and confirmation process for Federal judges. 

11 One organization alone has spent nearly 

12 $40,000,000 on advertisements supporting or oppos13 ing Supreme Court nominees since 2016. 

14 (7) Anonymous money spent on judicial nomi15 nations is not subject to any disclosure require16 ments. Federal election laws only regulate contribu17 tions and expenditures relating to electoral politics; 

18 thus, expenditures, contributions, and advocacy ef19 forts for Federal judgeships are not covered under 

20 the Federal Election Campaign Act of 1971. With21 out more disclosure, the public has no way of know22 ing whether the people spending money supporting 

23 or opposing judicial nominations have business be24 fore the courts. 


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1 (8) Congress and the American people have a 

2 compelling interest in knowing who is funding these 

3 campaigns to select and confirm judges to lifetime 

4 appointments on the Federal bench. 

5 (b) REPORTING.—Section 324 of the Federal Elec6 tion Campaign Act of 1971 (52 U.S.C. 30126), as amend7 ed by section 201, is amended by redesignating subsection 

8 (g) as subsection (h) and by inserting after subsection (f) 

9 the following new subsection: 

10 ‘‘(g) APPLICATION TO FEDERAL JUDICIAL NOMINA11 TIONS.— 

12 ‘‘(1) IN GENERAL.—For purposes of this sec13 tion— 

14 ‘‘(A) a disbursement by a covered organi15 zation for a Federal judicial nomination com16 munication shall be treated as a campaign-re17 lated disbursement; and 

18 ‘‘(B) in the case of campaign-related dis19 bursements which are for Federal judicial nomi20 nation communications— 

21 ‘‘(i) the dollar amounts in paragraphs 

22 (1) and (2) of subsection (a) shall be ap23 plied separately with respect to such dis24 bursements and other campaign-related 

25 disbursements; 


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1 ‘‘(ii) the election reporting cycle shall 

2 be the calendar year in which the disburse3 ment for the Federal judicial nomination 

4 communication is made; 

5 ‘‘(iii) references to a candidate in sub6 sections (a)(2)(C), (a)(2)(D), and 

7 (a)(3)(C) shall be treated as references to 

8 a nominee for a Federal judge or justice; 

9 ‘‘(iv) the reference to an election in 

10 subsection (a)(2)(C) shall be treated as a 

11 reference to the nomination of such nomi12 nee. 

13 ‘‘(2) FEDERAL JUDICIAL NOMINATION COMMU14 NICATION.— 

15 ‘‘(A) IN GENERAL.—The term ‘Federal ju16 dicial nomination communication’ means any 

17 communication— 

18 ‘‘(i) that is by means of any broad19 cast, cable, or satellite, paid internet, or 

20 paid digital communication, paid pro21 motion, newspaper, magazine, outdoor ad22 vertising facility, mass mailing, telephone 

23 bank, telephone messaging effort of more 

24 than 500 substantially similar calls or elec25 tronic messages within a 30-day period, or 


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1 any other form of general public political 

2 advertising; and 

3 ‘‘(ii) which promotes, supports, at4 tacks, or opposes the nomination or Senate 

5 confirmation of an individual as a Federal 

6 judge or justice. 

7 ‘‘(B) EXCEPTION.—Such term shall not in8 clude any news story, commentary, or editorial 

9 distributed through the facilities of any broad10 casting station or any print, online, or digital 

11 newspaper, magazine, publication, or periodical, 

12 unless such facilities are owned or controlled by 

13 any political party, political committee, or can14 didate. 

15 ‘‘(C) INTENT NOT REQUIRED.—A disburse16 ment for an item described in subparagraph (A) 

17 shall be treated as a disbursement for a Federal 

18 judicial nomination communication regardless 

19 of the intent of the person making the disburse20 ment.’’. 

21 SEC. 203. COORDINATION WITH FINCEN. 

22 (a) IN GENERAL.—The Director of the Financial 

23 Crimes Enforcement Network of the Department of the 

24 Treasury shall provide the Federal Election Commission 

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1 istering and enforcing section 324 of the Federal Election 

2 Campaign Act of 1971, as amended by this title. 

3 (b) REPORT.—Not later than 6 months after the date 

4 of the enactment of this Act, the Chairman of the Federal 

5 Election Commission, in consultation with the Director of 

6 the Financial Crimes Enforcement Network of the De7 partment of the Treasury, shall submit to Congress a re8 port with recommendations for providing further legisla9 tive authority to assist in the administration and enforce10 ment of such section 324. 

11 SEC. 204. APPLICATION OF FOREIGN MONEY BAN TO DIS12 BURSEMENTS FOR CAMPAIGN-RELATED DIS13 BURSEMENTS CONSISTING OF COVERED 

14 TRANSFERS. 

15 Section 319(b)(2) of the Federal Election Campaign 

16 Act of 1971 (52 U.S.C. 30121(a)(1)(A)), as amended by 

17 section 101, is amended— 

18 (1) by striking ‘‘includes any disbursement’’ 

19 and inserting ‘‘includes— 

20 ‘‘(A) any disbursement’’; 

21 (2) by striking the period at the end and insert22 ing ‘‘; and’’, and 

23 (3) by adding at the end the following new sub24 paragraph: 


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1 ‘‘(B) any disbursement, other than a dis2 bursement described in section 324(a)(3)(A), to 

3 another person who made a campaign-related 

4 disbursement consisting of a covered transfer 

5 (as described in section 324) during the 2-year 

6 period ending on the date of the disburse7 ment.’’. 

8 SEC. 205. SENSE OF CONGRESS REGARDING IMPLEMENTA9 TION. 

10 It is the sense of Congress that the Federal Election 

11 Commission should simplify the process for filing any dis12 closure required under the provisions of, and amendments 

13 made by, this title in order to ensure that such process 

14 is as easy and accessible as possible. 

15 SEC. 206. EFFECTIVE DATE. 

16 The amendments made by this title shall apply with 

17 respect to disbursements made on or after January 1, 

18 2024, and shall take effect without regard to whether or 

19 not the Federal Election Commission has promulgated 

20 regulations to carry out such amendments. 

21 TITLE III—OTHER 

22 ADMINISTRATIVE REFORMS 

23 SEC. 301. PETITION FOR CERTIORARI. 

24 Section 307(a)(6) of the Federal Election Campaign 

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1 serting ‘‘(including a proceeding before the Supreme 

2 Court on certiorari)’’ after ‘‘appeal’’. 

3 SEC. 302. JUDICIAL REVIEW OF ACTIONS RELATED TO CAM4 PAIGN FINANCE LAWS. 

5 (a) IN GENERAL.—Title IV of the Federal Election 

6 Campaign Act of 1971 (52 U.S.C. 30141 et seq.) is 

7 amended by inserting after section 406 the following new 

8 section: 

9 ‘‘SEC. 407. JUDICIAL REVIEW. 

10 ‘‘(a) IN GENERAL.—If any action is brought for de11 claratory or injunctive relief to challenge, whether facially 

12 or as-applied, the constitutionality or lawfulness of any 

13 provision of this Act, including title V, or of chapter 95 

14 or 96 of the Internal Revenue Code of 1986, or is brought 

15 to with respect to any action of the Commission under 

16 chapter 95 or 96 of the Internal Revenue Code of 1986, 

17 the following rules shall apply: 

18 ‘‘(1) The action shall be filed in the United 

19 States District Court for the District of Columbia 

20 and an appeal from the decision of the district court 

21 may be taken to the Court of Appeals for the Dis22 trict of Columbia Circuit. 

23 ‘‘(2) In the case of an action relating to declar24 atory or injunctive relief to challenge the constitu25 tionality of a provision, the party filing the action 


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1 shall concurrently deliver a copy of the complaint to 

2 the Clerk of the House of Representatives and the 

3 Secretary of the Senate. 

4 ‘‘(3) It shall be the duty of the United States 

5 District Court for the District of Columbia and the 

6 Court of Appeals for the District of Columbia Cir7 cuit to advance on the docket and to expedite to the 

8 greatest possible extent the disposition of the action 

9 and appeal. 

10 ‘‘(b) CLARIFYING SCOPE OF JURISDICTION.—If an 

11 action at the time of its commencement is not subject to 

12 subsection (a), but an amendment, counterclaim, cross13 claim, affirmative defense, or any other pleading or motion 

14 is filed challenging, whether facially or as-applied, the con15 stitutionality or lawfulness of this Act or of chapter 95 

16 or 96 of the Internal Revenue Code of 1986, or is brought 

17 to with respect to any action of the Commission under 

18 chapter 95 or 96 of the Internal Revenue Code of 1986, 

19 the district court shall transfer the action to the District 

20 Court for the District of Columbia, and the action shall 

21 thereafter be conducted pursuant to subsection (a). 

22 ‘‘(c) INTERVENTION BY MEMBERS OF CONGRESS.— 

23 In any action described in subsection (a) relating to de24 claratory or injunctive relief to challenge the constitu25 tionality of a provision, any Member of the House of RepVerDate Sep 11 2014 05:12 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S512.IS S512

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1 resentatives (including a Delegate or Resident Commis2 sioner to the Congress) or Senate shall have the right to 

3 intervene either in support of or opposition to the position 

4 of a party to the case regarding the constitutionality of 

5 the provision. To avoid duplication of efforts and reduce 

6 the burdens placed on the parties to the action, the court 

7 in any such action may make such orders as it considers 

8 necessary, including orders to require interveners taking 

9 similar positions to file joint papers or to be represented 

10 by a single attorney at oral argument. 

11 ‘‘(d) CHALLENGE BY MEMBERS OF CONGRESS.—Any 

12 Member of Congress may bring an action, subject to the 

13 special rules described in subsection (a), for declaratory 

14 or injunctive relief to challenge, whether facially or as-ap15 plied, the constitutionality of any provision of this Act or 

16 chapter 95 or 96 of the Internal Revenue Code of 1986.’’. 

17 (b) CONFORMING AMENDMENTS.— 

18 (1) Section 9011 of the Internal Revenue Code 

19 of 1986 is amended to read as follows: 

20 ‘‘SEC. 9011. JUDICIAL REVIEW. 

21 ‘‘For provisions relating to judicial review of certifi22 cations, determinations, and actions by the Commission 

23 under this chapter, see section 407 of the Federal Election 

24 Campaign Act of 1971.’’. 


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1 (2) Section 9041 of the Internal Revenue Code 

2 of 1986 is amended to read as follows: 

3 ‘‘SEC. 9041. JUDICIAL REVIEW. 

4 ‘‘For provisions relating to judicial review of actions 

5 by the Commission under this chapter, see section 407 of 

6 the Federal Election Campaign Act of 1971.’’. 

7 (3) Section 310 of the Federal Election Cam8 paign Act of 1971 (52 U.S.C. 30110) is repealed. 

9 (4) Section 403 of the Bipartisan Campaign 

10 Reform Act of 2002 (52 U.S.C. 30110 note) is re11 pealed. 

12 SEC. 303. EFFECTIVE DATE. 

13 The amendments made by this title shall take effect 

14 and apply on the date of the enactment of this Act, with15 out regard to whether or not the Federal Election Com16 mission has promulgated regulations to carry out this title 

17 and the amendments made by this title. 

18 TITLE IV—STAND BY EVERY AD 

19 SEC. 401. SHORT TITLE. 

20 This title may be cited as the ‘‘Stand By Every Ad 

21 Act’’. 

22 SEC. 402. STAND BY EVERY AD. 

23 (a) EXPANDED DISCLAIMER REQUIREMENTS FOR

24 CERTAIN COMMUNICATIONS.—Section 318 of the Federal 

25 Election Campaign Act of 1971 (52 U.S.C. 30120) is 


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1 amended by adding at the end the following new sub2 section: 

3 ‘‘(e) EXPANDED DISCLAIMER REQUIREMENTS FOR

4 COMMUNICATIONS NOT AUTHORIZED BY CANDIDATES OR

5 COMMITTEES.— 

6 ‘‘(1) IN GENERAL.—Except as provided in para7 graph (6), any communication described in para8 graph (3) of subsection (a) which is transmitted in 

9 an audio or video format (including an internet or 

10 digital communication), or which is an internet or 

11 digital communication transmitted in a text or 

12 graphic format, shall include, in addition to the re13 quirements of paragraph (3) of subsection (a), the 

14 following: 

15 ‘‘(A) The individual disclosure statement 

16 described in paragraph (2)(A) (if the person 

17 paying for the communication is an individual) 

18 or the organizational disclosure statement de19 scribed in paragraph (2)(B) (if the person pay20 ing for the communication is not an individual). 

21 ‘‘(B) If the communication is transmitted 

22 in a video format, or is an internet or digital 

23 communication which is transmitted in a text or 

24 graphic format, and is paid for in whole or in 


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1 part with a payment which is treated as a cam2 paign-related disbursement under section 324— 

3 ‘‘(i) the Top Five Funders list (if ap4 plicable); or 

5 ‘‘(ii) in the case of a communication 

6 which, as determined on the basis of cri7 teria established in regulations issued by 

8 the Commission, is of such short duration 

9 that including the Top Five Funders list in 

10 the communication would constitute a 

11 hardship to the person paying for the com12 munication by requiring a disproportionate 

13 amount of the content of the communica14 tion to consist of the Top Five Funders 

15 list, the name of a website which contains 

16 the Top Five Funders list (if applicable) 

17 or, in the case of an internet or digital 

18 communication, a hyperlink to such 

19 website. 

20 ‘‘(C) If the communication is transmitted 

21 in an audio format and is paid for in whole or 

22 in part with a payment which is treated as a 

23 campaign-related disbursement under section 

24 324— 


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1 ‘‘(i) the Top Two Funders list (if ap2 plicable); or 

3 ‘‘(ii) in the case of a communication 

4 which, as determined on the basis of cri5 teria established in regulations issued by 

6 the Commission, is of such short duration 

7 that including the Top Two Funders list in 

8 the communication would constitute a 

9 hardship to the person paying for the com10 munication by requiring a disproportionate 

11 amount of the content of the communica12 tion to consist of the Top Two Funders 

13 list, the name of a website which contains 

14 the Top Two Funders list (if applicable). 

15 ‘‘(2) DISCLOSURE STATEMENTS DESCRIBED.— 

16 ‘‘(A) INDIVIDUAL DISCLOSURE STATE17 MENTS.—The individual disclosure statement 

18 described in this subparagraph is the following: 

19 ‘I am llllllll, and I approve this 

20 message.’, with the blank filled in with the 

21 name of the applicable individual. 

22 ‘‘(B) ORGANIZATIONAL DISCLOSURE

23 STATEMENTS.—The organizational disclosure 

24 statement described in this subparagraph is the 

25 following: ‘I am llllllll, the 


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1 llllllll of llllllll, and 

2 llllllll approves this message.’, 

3 with— 

4 ‘‘(i) the first blank to be filled in with 

5 the name of the applicable individual; 

6 ‘‘(ii) the second blank to be filled in 

7 with the title of the applicable individual; 

8 and 

9 ‘‘(iii) the third and fourth blank each 

10 to be filled in with the name of the organi11 zation or other person paying for the com12 munication. 

13 ‘‘(3) METHOD OF CONVEYANCE OF STATE14 MENT.— 

15 ‘‘(A) COMMUNICATIONS IN TEXT OR

16 GRAPHIC FORMAT.—In the case of a commu17 nication to which this subsection applies which 

18 is transmitted in a text or graphic format, the 

19 disclosure statements required under paragraph 

20 (1) shall appear in letters at least as large as 

21 the majority of the text in the communication. 

22 ‘‘(B) COMMUNICATIONS TRANSMITTED IN

23 AUDIO FORMAT.—In the case of a communica24 tion to which this subsection applies which is 

25 transmitted in an audio format, the disclosure 


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1 statements required under paragraph (1) shall 

2 be made by audio by the applicable individual 

3 in a clear and conspicuous manner. 

4 ‘‘(C) COMMUNICATIONS TRANSMITTED IN

5 VIDEO FORMAT.—In the case of a communica6 tion to which this subsection applies which is 

7 transmitted in a video format, the information 

8 required under paragraph (1) shall appear in 

9 writing at the end of the communication or in 

10 a crawl along the bottom of the communication 

11 in a clear and conspicuous manner, with a rea12 sonable degree of color contrast between the 

13 background and the printed statement, for a 

14 period of at least 6 seconds. 

15 ‘‘(4) APPLICABLE INDIVIDUAL DEFINED.—The 

16 term ‘applicable individual’ means, with respect to a 

17 communication to which this subsection applies— 

18 ‘‘(A) if the communication is paid for by 

19 an individual, the individual involved; 

20 ‘‘(B) if the communication is paid for by a 

21 corporation, the chief executive officer of the 

22 corporation (or, if the corporation does not have 

23 a chief executive officer, the highest ranking of24 ficial of the corporation); 


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1 ‘‘(C) if the communication is paid for by a 

2 labor organization, the highest ranking officer 

3 of the labor organization; and 

4 ‘‘(D) if the communication is paid for by 

5 any other person, the highest ranking official of 

6 such person. 

7 ‘‘(5) TOP FIVE FUNDERS LIST AND TOP TWO

8 FUNDERS LIST DEFINED.— 

9 ‘‘(A) TOP FIVE FUNDERS LIST.—The term 

10 ‘Top Five Funders list’ means, with respect to 

11 a communication which is paid for in whole or 

12 in part with a campaign-related disbursement 

13 (as defined in section 324), a list of the 5 per14 sons who, during the 12-month period ending 

15 on the date of the disbursement, provided the 

16 largest payments of any type in an aggregate 

17 amount equal to or exceeding $10,000 to the 

18 person who is paying for the communication 

19 and the amount of the payments each such per20 son provided. If 2 or more people provided the 

21 fifth largest of such payments, the person pay22 ing for the communication shall select 1 of 

23 those persons to be included on the Top Five 

24 Funders list. 


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1 ‘‘(B) TOP TWO FUNDERS LIST.—The term 

2 ‘Top Two Funders list’ means, with respect to 

3 a communication which is paid for in whole or 

4 in part with a campaign-related disbursement 

5 (as defined in section 324), a list of the persons 

6 who, during the 12-month period ending on the 

7 date of the disbursement, provided the largest 

8 and the second largest payments of any type in 

9 an aggregate amount equal to or exceeding 

10 $10,000 to the person who is paying for the 

11 communication and the amount of the pay12 ments each such person provided. If 2 or more 

13 persons provided the second largest of such 

14 payments, the person paying for the commu15 nication shall select 1 of those persons to be in16 cluded on the Top Two Funders list. 

17 ‘‘(C) EXCLUSION OF CERTAIN PAY18 MENTS.—For purposes of subparagraphs (A) 

19 and (B), in determining the amount of pay20 ments made by a person to a person paying for 

21 a communication, there shall be excluded the 

22 following: 

23 ‘‘(i) Any amounts provided in the or24 dinary course of any trade or business con25 ducted by the person paying for the comVerDate Sep 11 2014 05:12 Mar 10, 2023 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\S512.IS S512

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1 munication or in the form of investments 

2 in the person paying for the communica3 tion. 

4 ‘‘(ii) Any payment which the person 

5 prohibited, in writing, from being used for 

6 campaign-related disbursements, but only 

7 if the person paying for the communication 

8 agreed to follow the prohibition and depos9 ited the payment in an account which is 

10 segregated from a campaign-related dis11 bursement segregated fund (as defined in 

12 section 324) and any other account used to 

13 make campaign-related disbursements. 

14 ‘‘(6) SPECIAL RULES FOR CERTAIN COMMU15 NICATIONS.— 

16 ‘‘(A) EXCEPTION FOR COMMUNICATIONS

17 PAID FOR BY POLITICAL PARTIES AND CERTAIN

18 POLITICAL COMMITTEES.—This subsection does 

19 not apply to any communication to which sub20 section (d)(2) applies. 

21 ‘‘(B) TREATMENT OF VIDEO COMMUNICA22 TIONS LASTING 10 SECONDS OR LESS.—In the 

23 case of a communication to which this sub24 section applies which is transmitted in a video 

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1 tion which is transmitted in a text or graphic 

2 format, the communication shall meet the fol3 lowing requirements: 

4 ‘‘(i) The communication shall include 

5 the individual disclosure statement de6 scribed in paragraph (2)(A) (if the person 

7 paying for the communication is an indi8 vidual) or the organizational disclosure 

9 statement described in paragraph (2)(B) 

10 (if the person paying for the communica11 tion is not an individual). 

12 ‘‘(ii) The statement described in 

13 clause (i) shall appear in writing at the 

14 end of the communication, or in a crawl 

15 along the bottom of the communication, in 

16 a clear and conspicuous manner, with a 

17 reasonable degree of color contrast between 

18 the background and the printed statement, 

19 for a period of at least 4 seconds. 

20 ‘‘(iii) The communication shall in21 clude, in a clear and conspicuous manner, 

22 a website address with a landing page 

23 which will provide all of the information 

24 described in paragraph (1) with respect to 

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1 pear for the full duration of the commu2 nication. 

3 ‘‘(iv) To the extent that the format in 

4 which the communication is made permits 

5 the use of a hyperlink, the communication 

6 shall include a hyperlink to the website ad7 dress described in clause (iii).’’. 

8 (b) APPLICATION OF EXPANDED REQUIREMENTS TO

9 PUBLIC COMMUNICATIONS CONSISTING OF CAMPAIGN10 RELATED DISBURSEMENTS.— 

11 (1) IN GENERAL.—Section 318(a) of such Act 

12 (52 U.S.C. 30120(a)) is amended by striking ‘‘for 

13 the purpose of financing communications expressly 

14 advocating the election or defeat of a clearly identi15 fied candidate’’ and inserting ‘‘for a campaign-re16 lated disbursement, as defined in section 324, con17 sisting of a public communication’’. 

18 (2) CLARIFICATION OF EXEMPTION FROM IN19 CLUSION OF CANDIDATE DISCLAIMER STATEMENT IN

20 FEDERAL JUDICIAL NOMINATION COMMUNICA21 TIONS.—Section 318(a)(3) of such Act (52 U.S.C. 

22 30120(a)(3)) is amended by striking ‘‘shall clearly 

23 state’’ and inserting ‘‘shall (except in the case of a 

24 Federal judicial nomination communication, as de25 fined in section 324(d)(3)) clearly state’’. 


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1 (c) EXCEPTION FOR COMMUNICATIONS PAID FOR BY

2 POLITICAL PARTIES AND CERTAIN POLITICAL COMMIT3 TEES.—Section 318(d)(2) of such Act (52 U.S.C. 

4 30120(d)(2)) is amended— 

5 (1) in the heading, by striking ‘‘OTHERS’’ and 

6 inserting ‘‘CERTAIN POLITICAL COMMITTEES’’; 

7 (2) by striking ‘‘Any communication’’ and in8 serting ‘‘(A) Any communication’’; 

9 (3) by inserting ‘‘which (except to the extent 

10 provided in subparagraph (B)) is paid for by a polit11 ical committee (including a political committee of a 

12 political party) and’’ after ‘‘subsection (a)’’; 

13 (4) by striking ‘‘or other person’’ each place it 

14 appears; and 

15 (5) by adding at the end the following new sub16 paragraph: 

17 ‘‘(B)(i) This paragraph does not apply to 

18 a communication paid for in whole or in part 

19 during a calendar year with a campaign-related 

20 disbursement, but only if the covered organiza21 tion making the campaign-related disbursement 

22 made campaign-related disbursements (as de23 fined in section 324) aggregating more than 

24 $10,000 during such calendar year. 


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1 ‘‘(ii) For purposes of clause (i), in deter2 mining the amount of campaign-related dis3 bursements made by a covered organization 

4 during a year, there shall be excluded the fol5 lowing: 

6 ‘‘(I) Any amounts received by the cov7 ered organization in the ordinary course of 

8 any trade or business conducted by the 

9 covered organization or in the form of in10 vestments in the covered organization. 

11 ‘‘(II) Any amounts received by the 

12 covered organization from a person who 

13 prohibited, in writing, the organization 

14 from using such amounts for campaign-re15 lated disbursements, but only if the cov16 ered organization agreed to follow the pro17 hibition and deposited the amounts in an 

18 account which is segregated from a cam19 paign-related disbursement segregated 

20 fund (as defined in section 324) and any 

21 other account used to make campaign-re22 lated disbursements.’’. 

23 (d) MODIFICATION OF ADDITIONAL REQUIREMENTS

24 FOR CERTAIN COMMUNICATIONS.—Section 318(d) of the 


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1 Federal Election Campaign Act of 1971 (52 U.S.C. 

2 30120(d)) is amended— 

3 (1) in paragraph (1)(A)— 

4 (A) by striking ‘‘which is transmitted 

5 through radio’’ and inserting ‘‘which is in an 

6 audio format’’; and 

7 (B) by striking ‘‘BY RADIO’’ in the heading 

8 and inserting ‘‘AUDIO FORMAT’’; 

9 (2) in paragraph (1)(B)— 

10 (A) by striking ‘‘which is transmitted 

11 through television’’ and inserting ‘‘which is in 

12 video format’’; and 

13 (B) by striking ‘‘BY TELEVISION’’ in the 

14 heading and inserting ‘‘VIDEO FORMAT’’; and 

15 (3) in paragraph (2)— 

16 (A) by striking ‘‘transmitted through radio 

17 or television’’ and inserting ‘‘made in audio or 

18 video format’’; and 

19 (B) by striking ‘‘through television’’ in the 

20 second sentence and inserting ‘‘in video for21 mat’’. 

22 SEC. 403. DISCLAIMER REQUIREMENTS FOR COMMUNICA23 TIONS MADE THROUGH PRERECORDED TELE24 PHONE CALLS. 

25 (a) APPLICATION OF REQUIREMENTS.— 


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1 (1) IN GENERAL.—Section 318(a) of the Fed2 eral Election Campaign Act of 1971 (52 U.S.C. 

3 30120(a)) is amended by striking ‘‘mailing’’ each 

4 place it appears and inserting ‘‘mailing, telephone 

5 call consisting in substantial part of a prerecorded 

6 audio message’’. 

7 (2) APPLICATION TO COMMUNICATIONS SUB8 JECT TO EXPANDED DISCLAIMER REQUIREMENTS.— 

9 Section 318(e)(1) of such Act (52 U.S.C. 

10 30120(e)(1)), as added by section 302(a), is amend11 ed in the matter preceding subparagraph (A) by 

12 striking ‘‘which is transmitted in an audio or video 

13 format’’ and inserting ‘‘which is transmitted in an 

14 audio or video format or which consists of a tele15 phone call consisting in substantial part of a 

16 prerecorded audio message’’. 

17 (b) TREATMENT AS COMMUNICATION TRANSMITTED

18 IN AUDIO FORMAT.— 

19 (1) COMMUNICATIONS BY CANDIDATES OR AU20 THORIZED PERSONS.—Section 318(d) of such Act 

21 (52 U.S.C. 30120(d)) is amended by adding at the 

22 end the following new paragraph: 

23 ‘‘(3) PRERECORDED TELEPHONE CALLS.—Any 

24 communication described in paragraph (1), (2), or 

25 (3) of subsection (a) (other than a communication 


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1 which is subject to subsection (e)) which is a tele2 phone call consisting in substantial part of a 

3 prerecorded audio message shall include, in addition 

4 to the requirements of such paragraph, the audio 

5 statement required under subparagraph (A) of para6 graph (1) or the audio statement required under 

7 paragraph (2) (whichever is applicable), except that 

8 the statement shall be made at the beginning of the 

9 telephone call.’’. 

10 (2) COMMUNICATIONS SUBJECT TO EXPANDED

11 DISCLAIMER REQUIREMENTS.—Section 318(e)(3) of 

12 such Act (52 U.S.C. 30120(e)(3)), as added by sec13 tion 302(a), is amended by adding at the end the 

14 following new subparagraph: 

15 ‘‘(D) PRERECORDED TELEPHONE

16 CALLS.—In the case of a communication to 

17 which this subsection applies which is a tele18 phone call consisting in substantial part of a 

19 prerecorded audio message, the communication 

20 shall be considered to be transmitted in an 

21 audio format.’’. 


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1 SEC. 404. NO EXPANSION OF PERSONS SUBJECT TO DIS2 CLAIMER REQUIREMENTS ON INTERNET 

3 COMMUNICATIONS. 

4 Nothing in this title or the amendments made by this 

5 title may be construed to require any person who is not 

6 required under section 318 of the Federal Election Cam7 paign Act of 1971 to include a disclaimer on communica8 tions made by the person through the internet to include 

9 any disclaimer on any such communications. 

10 SEC. 405. EFFECTIVE DATE. 

11 The amendments made by this title shall apply with 

12 respect to communications made on or after January 1, 

13 2024, and shall take effect without regard to whether or 

14 not the Federal Election Commission has promulgated 

15 regulations to carry out such amendments. 

16 TITLE V—SEVERABILITY 

17 SEC. 501. SEVERABILITY. 

18 If any provision of this Act or amendment made by 

19 this Act, or the application of a provision or amendment 

20 to any person or circumstance, is held to be unconstitu21 tional, the remainder of this Act and amendments made 

22 by this Act, and the application of the provisions and 

23 amendment to any person or circumstance, shall not be 

24 affected by the holding. 

Æ 


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